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1985-08-01 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - August 1, 1985 (A Verbatim Record is on File in the Clerk's Office.) I CALL TO ORDER Mayor Peterson called the meeting to order at 6:41 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Absent ^ Mayor Peterson Ms. Barker Mr. Blankenburg Mr. Naughton Mrs. Cater Mr. Rounsaville Mr. Wakefield (arrived 6:52) Mr. White A quorum was established. Mrs. Cater moved to excuse Ms. Barker, Mr. Naughton and Mr. Wakefield. Seconded by Mr. Blankenburg. Motion carried by unanimous voice vote. III ACCEPTANCE OF AGENDA *A. CONSENT AGENDA Consent Agenda items are items considered to be routine and non -controversial by the Assembly and will be approved in one motion. There shall be no separate discussion of these items unless an Assembly member or a citizen so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Consent Agenda items will be prefixed in the margin with an asterisk (*). Mr. Rounsaville moved to accept the agenda as presented. Seconded by Mr. White. Mr. White moved to amend the agenda by adding under VI COMMUNICATIONS & APPEARANCES item C. Award for a Borough Employee and item D. Protest Hearing. Seconded by Mrs. Cater. Amendment carried by unanimous voice vote. Motion as amended carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS *A. Assembly - Reg. - July 2, 1985 Mr. Rounsaville moved to adopt the minutes of the previous meeting. Seconded by Mr. White. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS *A. Womens Bay Service District - June 13, 1985 *B. Planning & Zoning Commission - Reg. - June 19, 1985 Mr. Rounsaville moved to acknowledge receipt of items A and B. Seconded by Mr. White. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions 1) Scott Arndt - Service Dist. #1 & Fire District #1 B. K.I.B. Parks & Recreation Advisory Board Appointment Mayor Peterson appointed Jim Cobis to fill the vacancy on the Parks and Recreation Advisory Board for an unexpired term ending Nov. 30, 1987. KIB Assembly Mtg. - Aug. 1, 1985 Page 2 Mr. White moved to ratify the appointment. Seconded by Mr. Blankenburg. Motion carried by unanimous voice vote. C. Award for a Borough Employee Mayor Peterson, on behalf of the Assembly, presented Mickie Miller an Alaskan picture and a flower arrangement as going away gifts after eight years as the Borough Clerk. D. Protest Hearing Mayor Peterson gave Dennis Murray ten minutes to make his statements known regarding the referendum petition filed June 25, 1985 having to do with three ordinances that were passed by the Assembly. (Mr. Wakefield arrived at 6:52 p.m.) Mr. Murray stated he felt that the petitioners had met the test as far as the Clerk's objections. The following were the Clerks' reasons for the petition not being certified as sufficient: 1. The ordinances referred to on pages 1 through 20 were not set out fully as required under Title 29.28.065 (2); 2. Page 9 of the petition did not state the date of first circulation as per 29.28.065 (3); and 3. Pages 21 through 42 did not contain any of the information as per 29.28.065 (1-4). Mrs. Cater pointed out that in addition to the three reasons stated by the Clerk, the fourth reason the petition was insufficient is the fact that these items are not referendable under Alaska Law as indicated in the Borough Attorney's legal opinion. Mr. White moved to certify as sufficient the referendum petition filed on June 25, 1985. Seconded by Mr. Blankenburg. Motion failed 2-3 with Mr. Blankenburg and Mr. White casting the YES votes. VII PUBLIC HEARINGS (Village Telephone Number 486-5370) None. VIII OLD BUSINESS A. Ord. No. 85-22-0 Amending The Kodiak Island Borough Code To Adopt Garbage And Solid Waste Collection And Disposal Powers In The Areas Outside Cities And Accept The Transfer Of Such Powers From The City Of Kodiak. (Tabled after Public Hearing.) Mr. Wakefield moved to remove from the table. Seconded by Mr. Blankenburg. Motion carried by unanimous voice vote. Mr. Wakefield moved to table. Seconded by Mr. White. Motion carried by unanimous voice vote. The Assembly ajourned for a five minute recess. Mayor Peterson called the meeting back to order and suggested that Res. No. 85-29-0 be added as item E. under X NEW BUSINESS. There were no objections from the Assembly. B. Motion to Rescind Action on Lakeside Subdivision (Rounsaville) Res. No. 85-68-R Reversing The Decision Of The P & Z Commission With Regard To The Preliminary Approval Of The Lakeside Subdivision First Addition. Mr. Rounsaville moved to rescind the previous action of the Assembly. Seconded by Mr. White. Mr. White moved for a parliamentary inquiry into the question as to whether Mr. Rounsaville's notice has to be given at the meeting or just previous notice? Seconded by Mr. Blankenburg. The Chair ruled that previous notice was not given at the meeting and KIB Assembly Mtg. - Aug. 1, 1985 Page 3 therefore a two-thirds vote is going to be required. Mr. Rounsaville withdrew his motion. IX MANAGER'S REPORT *A. August Meetings Mr. Rounsaville moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. *B. Staff Reports Mr. Rounsaville moved to acknowledge receipt. Seconded by Mr.White. Motion carried by unanimous voice vote. C. Other Business None. X NEW BUSINESS A. Res. No. 85-72-R Establishing Minimum Unit Prices For Material Sales Contracts. Mr. White moved to adopt Resolution No. 85-72-R. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. B. Ord. No. 85-28-0 Rezoning Portions of the Miller Point Area. (1st Rdg.) Mr. Blankenburg moved to adopt Ordinance No. 65-28-0 in the first reading. Seconded by Mr. Wakefield. Motion failed by unanimous voice vote. C. FY 86 Towing Contract - Bid Award Mr. Wakefield moved to award the FY 86 Towing Contract to Kodiak Towing, Inc. in the amounts specified in their fee schedule. Seconded by Mr. White. Motion carried by unanimous roll call vote. *D. Kodiak Island Borough Financial Report - June 1985 Mr. Rounsaville moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. E. VOID XI MAYOR'S COMMENTS - None. XII ASSEMBLY COMMENTS Mr. Blankenburg: None. Mrs. Cater: None. Mr. Wakefield: None. Mr. Rounsaville: None at this time. Mr. White: None. XIII AUDIENCE COMMENTS Mr. Austerman: (I was one of the circulators of the petition for the referendum.) We would like to thank you for hearing the protest to- night. We felt that we had clarified the clerks concerns. Wilton White: I would like to protest the manner in which you are handling this. When you have a problem with the Borough, the only way you can do it is with an attorney. I think you really ought to consider the desires of six hundred people that are involved in this. Also, at this time I would like to request reimbursement of attorney fees for the three of us that were involved in the Lakeside Subdivi- sion litigation which was wasted expense due to the Assembly allowing inappropriate testimony which resulted in the decision being nullified by the court. V 1iW 1 KIB Assembly Mtg. - Aug. 1, 1985 Page 4 Dennis Murray: The Statute provides in section A on page 69 that within ten days of the filing date the Clerk shall certify the petition as to whether or not it is sufficient. If the petition is insufficient, it may be amended or supplemented within ten days of that date upon which the petition was rejected. It does not say in part A that the Clerk rejected the petition. It says she found it insufficient and she gives us, within the Statute, ten days to rectify that procedurally. As Mr. Wilton White points out, why should the people have to hire attorneys when all they're asking is to put the matter before all the citizens for a vote. Scott Arndt: I agree also with Mr. Austerman, Mr. White and Mr. Murray to the point where I am betting that the Assembly is going to lose. My form of betting is in the way of Attorneys fees which I think I have a good chance of getting back. Lorna Arndt: I am not for any of these ordinances being put on the ballot. Mr. Murray got heated here, but why doesn't he get that heated at the School Board meetings. If he is going to pick on the Borough employees with their COLA, he should have thought to pick on the School Board also. The money comes from the Borough for the school employees too. I think it should be on the ballot for both or none. Jim Miller: Two of the members involved in this petition are ex - Assembly members and therefore should know the correct procedures. I wonder if these small technicalities that they mention be so unimpor- tant if the shoe were on the other foot. If they were sitting up there in your place or if it involved something that they happened to dislike. I think you did a good job. Okey Chandler: I don't think this is sufficient reason enough to deny the people the right to vote on it. Assemblyman White directed Staff to prepare a resolution for the reimburse- ment to the three that were involved in the Lakeside Subdivision litiga- tion. Mr. Rounsaville moved for reconsideration of the action on the referendum petition at the next regular meeting when all members are present. Seconded by Mr. White. Motion failed 3-2 with Mrs. Cater and Mr. Wakefield casting the NO votes. Mr. Rounsaville moved for reconsideration of the action on the referendum petition and spread on the minutes. Seconded by Mr. White. XIV Mr. Wakefield moved to adjourn. Seconded by Mrs. Cater. Mayor Peterson adjourned the meeting at 8:37 pm. B rough Mayo ATTEST: Borough Deputy Clerk